Deputy Home Manager wins employment status fight after dismissal

A preliminary win for a deputy home manager

This case shows how important it is to establish the correct employer before a tribunal can hear claims like unfair dismissal or discrimination. The claimant, a deputy home manager, was dismissed in May 2020 after raising a grievance. She brought claims for automatic unfair dismissal for whistleblowing and race discrimination. But the respondent, Teen Support Services Ltd, argued she had never worked for them – instead claiming she was employed by a related company that had since been liquidated.

The tribunal had to decide the preliminary issue of employment status. The evidence was clear: the claimant's offer letter, email address, ID badge, rotas, disciplinary letters, and even her dismissal letter all featured the 1st respondent's name and logo. She managed staff who had contracts with that company, and payroll was handled by its administrator. The director's explanation that he planned to merge the two companies was rejected as 'misleading'.

What the respondent could have done differently

The respondent's argument that the claimant worked for the liquidated company was undermined by their own documents. If the director had ensured consistent paperwork from the start – using the correct company name on all documents – this dispute might have been avoided. Instead, the tribunal found that the 'haphazard' paperwork and the director's unconvincing explanation meant the claimant was clearly employed by Teen Support Services Ltd.

Why this matters for similar claims

This decision is a reminder that tribunals will look at the practical reality of the working relationship, not just what a contract says. For employees who work for groups of companies, it is essential to keep records that show which entity is your true employer. For employers, the case highlights the risks of sloppy paperwork and the danger of trying to shift responsibility to a different group company after a claim is brought.